Terms of use

Terms of Use for the VOD365 Application for Ketchup TV

General

The Video On Demand application (Hereinafter: “The Application“), which is owned by Videoondemand365 Limited (Hereinafter: “VOD365“), offers various content aimed at children aged between 2 and 6 years. (Hereinafter: “The Content” or “The Services“), that can be viewed on smart televisions, smart phones, tablets and other devices. that support it (Hereinafter: “The Viewing Devices“).

The Content in the Application

From time to time, the Application will offer various content in a range of topics. The content is lent for viewing for personal and non-commercial use for a limited time.

For every content item offered for viewing in the Application, an information page is displayed that includes the name of the content item, a brief description of the content displayed in the item, It is hereby clarified that the information about the content items is based on information VOD365 received from the various content producers. Hence, VOD365 is not liable in any way for complete compatibility between the information displayed and the content item.

VOD365 is not required, in any manner, to maintain any range of content in the Application. VOD365 is entitled to remove or add at any time any of the content that is available for viewing in the Application,

In order to enjoy the services being offered in the Application, the customer must ensure that their Viewing Device maintains a continuous and fast connection to the Internet.. VOD365 is not liable for any crashes and/or malfunctions in viewing attributed to a faulty, interrupted or slow Internet connection.

The customer declares that he has been informed that content viewing through the Application will use some of his broadband Internet connection, and subsequently, use of full Internet broadband for other purposes at the same time might be hindered, and the customer will have no claim as a result.

Purchase of a subscription and/or content items through the Application

The Content within the Application is available for viewing following the payment of a monthly subscription that is automatically renewed at the end of every month,

The price for a monthly subscription will be published in the Application and will be the price on the date the order was entered and confirmed by the customer in the Application,. VOD365 reserves the right to update the monthly subscription price in the Application, with three month notice provided to the customer.

Payment for the monthly subscription will be collected at the start of every month for the ensuing month. The subscription will be automatically renewed every month unless the customer cancels of the subscription.

VOD365 reserves the right to offer sales and discounts for subscriptions but these sales will not retroactively apply to anyone who has already purchased the Application

Purchases in the Application are made via credit card (or special vouchers that will be issued), and directed to external clearance. A prerequisite for validating the purchase is credit card company approval of the transaction and its collection. In order for the purchase to be carried out quickly and without error, accurate information must be provided. Otherwise, execution of the order may not be guaranteed.

In order to make a purchase through the Application, registration is required. During the registration process, the customer may be asked to enter his personal details such as first and last name, address, email, telephone, credit card number, ID No, etc. The customer is not required to enter this information unless they wants to but the registration process is necessary to enable the purchase to be made through the Application.

Once registration has been completed, the customer information will be saved in the VOD365 computer systems (with the exception of the invoice charge information, which is not saved at all). Unless the user otherwise indicated, the registration process constitutes user approval to be included in the VOD365 customer list and consent to receive emails about Application content, sales and enhancements.

The subscription is personal and non-transferable – the rights to the subscription cannot be transferred and/or endorsed and/or eliminated by virtue of the subscription, and authorization to use the subscription information must not be given to any other entity without the expressed written consent of VOD365.

Every subscription allows access to the Application through up to five different Viewing Devices (devices that support the Application only) – which are the first five viewing devices the subscriber connected in the Application (Hereinafter: “The Authorized Devices“). After entering the Application through the first five Viewing Devices, access to the Application will be blocked to other Viewing Devices for said subscription. The Authorized Devices can be changed by contacting VOD365 customer service

VOD365 is entitled to cancel the transaction if an error occurred in the Application with regards to a description of the content item and/or its price, or if it is revealed that the transaction was accompanied by an illegal action on the part of the customer and/or third party.

VOD365 reserves the right to cancel and/or not provide any individual the right to purchase a monthly subscription due to unlawful use of its services, infringement of these Terms and Conditions and/or failure to pay for contents purchased.

Termination of the Contractual Arrangement

Customers have the right to cancel at any time through the Application

The termination of the subscription will take effect at the end of the monthly subscription period in which the notice was received. No subscription fee and/or part thereof will be refunded for the time until the end of the monthly period.

Should the subscription be terminated by VOD365, the subscriber will pay for the services used until the date of termination.

Intellectual Property

Copyrights, distribution rights, trade secrets, trademarks and any kind of intellectual property, pertaining to both design and paging of the Application, and with regards to the content appearing in the Application and contents sold on the Application, are the exclusive property of VOD365 (and/or any of its agents) and/or that are legally in its possession via a license. Visiting the Application or purchasing content does not provide any license and/or right to the Application content and/or part of the content and/or to the Application code and/or content. No part of this Application and/or its content may be duplicated and/or reproduced and/or distributed and/or published and/or broadcast and/or publicly displayed and/or publicly heard and/or commercially used, directly or indirectly, including by way of connecting to another recording device (physical, wireless or in any other manner) and in any other way without the expressed written consent of VOD365.

It is hereby clarified that the intellectual property of each content item does not belong to VOD365 but is subject to its legal commercial use by way of license. VOD365 takes a harsh view of any infringement of the intellectual property rights of any other party and will view harshly any attempt to use the Application as a means to infringe upon or violate any of the intellectual property rights of the other party.

Any advertisements displayed in the Application, if any, are the intellectual property rights of the advertiser and as such, may not be used in any manner that constitutes an infringement of the advertiser’s rights in the advertising.

The names “Ketchup TV”, or “VOD365″ and their related trademarks (whether or not they were registered) are all the exclusive property of VOD365 (and/or any of its agents), and must not be used without the expressed written consent of VOD365.

Limits of Liability Regarding Normal Operations of the Application and regarding Content Displayed in Application

VOD365 does not promise that the service provided in the Application will not be interrupted, will be provided regularly without disruption or disconnections and/or will be immune to hacking to Application computers, damages, malfunctions, errors, hardware crashes, software crashes or communication lines with the Application or any of its providers or will be damaged by any other reason, and will not be liable for any damage – direct or indirect – mental anguish, etc. that is incurred by the user or the user’s property as a result.

The content in the Application is provided AS IS from third parties, and subsequently, is the responsibility of the content producers or the owners of the rights alone. VOD365 and/or any of its agents will not be in liable, directly or indirectly, for any direct, indirect, consequential or special damage, financial or otherwise, incurred by the user or by any third party as a result of viewing and/or reliance on the content appearing in the Application, including emotional damage, mental anguish, loss of income and/or prevention of profits that will be caused by any reason.

Content from advertisers (commercial entities) might be displayed from time to time. VOD365 (and/or any of its agents) bears no liability for this content (including information that appears in links provided in this content). Sole liability is that of the advertisers and any resulting consequence is attributed to the entity or user that submitted them for advertisement. This content does not reflect VOD365 opinion or position and their advertisement does not constitute any guarantee of their validity, reliability, accuracy or legality. A party who engages with any third party as a result of the advertisement of third party services and/or products does so at their own risk; VOD365 (and any of its agents) is not liable for the results of said transaction.

The content items displayed in the Application or the inclusion of a link by VOD365 will not be construed as an offer to the user, as an expression of support, encouragement, consent, deviation, lobbying or sponsoring by VOD365 with regards to this content and/or to the services being offered by other parties, and its decision to advertise them does not impose on VOD365 (and any of its agents) any liability for their content, in any way.

Without derogating from the aforementioned, VOD365 (and/or any of its agents) will not be liable for any damages that exceed the price of the content ordered and paid for by the purchaser.

Saving Customer Information and Data Security

For as long as private information about users in the Application is needed, VOD365 take all reasonable endeavours to maintain the discretion of the information. In addition, VOD365 undertakes not to provide personal information to any other party (with the exception of subsidiaries and/or related companies) without the customer’s consent.

Credit card purchases of a service are secured with SSL standard and the Company does not save the customer’s credit information once the charge has been transferred to the credit card company. Concurrently, when information and content is entered through the Application, there is concern of disclosure of user content for viewing and use by others on the Internet, and VOD365 (and/or any of its agents) is not liable for their security and/or for any damage and/or for any loss and/or expense incurred by the user and/or any third party as a result.

VOD365 (including its subsidiaries and/or related companies) will be entitled to use the user’s personal information for internal purposes only, for statistical analyses (without personal identification and for the purpose of investigating complaints and/or criticism, including through cookies or other data files. Every user can define their own viewing device characteristics to refuse all cookies and/or data files, or to issue an alert on cookies and/or data files that are sent to it. Despite this, note that the number of sections of the Application might not properly function if the user refuses to accept cookies and/or data files.

In addition to the aforementioned, VOD365 is entitled to document the IP addresses of purchases made through the Application, and will immediately inform the law authorities of any detected attempt of fraud of deception.

VOD365 will be entitled to send to the user an email, letter or verbal communication containing any information regarding its services and the Application services, advertisements from selected commercial entities, etc., if the participant stated that he wishes to receive this information by marking a ü in the designated spot in the Application.

For more information about privacy protection policies, see below.

Customer Service

To obtain more information about the Application, its operations, information on VOD365 services, or if you have any other question, contact our customer service at support@ketchuptv.co.uk Our representatives will be happy to help you with any query during normal business hours.

Miscellaneous

VOD365 is entitled to shut down the Application and to change from time to time its format, its appearance and the availability of its services and content provided in it, without having to issue advance notice. As such, there will be no claim, charge or demand against VOD365 in this regard.

VOD365’s computer records regarding transactions that are carried out through the Application will constitute prima facie evidence of the transactions. Unless otherwise proven by the customer, every order of content in accordance with the customer’s ID information will be considered as having been carried out by the customer itself.